How to Win an Immigration Case Based on Mental Illness

In some cases, individuals with mental illnesses and associated harmful behavior have successfully argued for inadmissibility. Here are a few examples: 1. Denny Chin case: In the late 1990s, Denny Chin, a U.S. District Judge, ruled that a Jamaican man with paranoid schizophrenia could not be deported. The man's criminal history included an assault with a deadly weapon conviction. Chin argued that the man's mental illness was not properly addressed during his criminal trial and that he was not a danger to the community because he had been receiving adequate treatment. Chin's decision was ultimately reversed by the Board of Immigration Appeals (BIA). 2. Matter of K-A-H-: In 2017, an immigration judge in California granted a woman from the Democratic Republic of Congo relief from deportation under the Convention Against Torture (CAT). The woman had been convicted of felony assault after experiencing a psychotic episode and stabbing her neighbor. The judge found that she would likely face torture if returned to her home country because of her mental illness and the high likelihood of being denied proper treatment. The BIA upheld the immigration judge's decision on appeal. 3. Matter of J-H-J-: In this case from 2015, a U.S. immigration judge granted asylum to a man from China with a history of mental illness and associated harmful behavior, who had been previously convicted for assault in the US. The judge found that the man's mental illness and criminal history made him vulnerable to persecution if returned to China, given the country's lack of adequate mental health care and harsh criminal punishment. 4. United States v. Franco-Gonzalez: In 2013, a federal judge in California ruled that mentally ill detainees who cannot represent themselves in immigration court should be given government-appointed legal counsel. The case involved Jose Antonio Franco-Gonzalez, a Mexican national with an IQ of less than 60, who experienced significant mental health issues, including harmful behavior. The ruling effectively allowed people with similar mental illness-related challenges to avoid deportation if they couldn't effectively represent themselves in court. It's important to note that immigration cases involving mental illness and harmful behavior can be highly complex, and outcomes largely depend on the facts and laws specific to each case.